Kerala High Court
Salaam vs The State Of Kerala on 24 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 24TH DAY OF FEBRUARY 2023 / 5TH PHALGUNA, 1944
WP(C) NO. 10573 OF 2013
PETITIONER/S:
1 SALAAM
AGED 47 YEARS
S/O.ABDULKHADAR, CHOWARAKKARAN HOUSE, KURUVILASSERY
P.O., VALIYAPARAMPU, MUKUNDAPURAM TALUK, THRISSUR
DISTRICT, PIN-680735.
2 SHANAVAS.N.A.
S/O.ALIYAR, NEDUMTHAZHATHU HOUSE, VALIYAPARAMPU KARA,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680735.
BY ADVS.SRI.P.S.SUJETH & SMT.M.R.REENA
RESPONDENT/S:
1 THE STATE OF KERALA
REP. BY THE CHIEF SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE SECRETARY
THE LOCAL SELF GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
3 THE SECRETARY
MALA GRAMAPANCHAYATH, MALA.P.O., VADAMA VILLAGE,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-680732.
4 THE EXECUTIVE ENGINEER
KERALA STATE ELECTRICITY BOARD (KSEB), ELECTRICAL
DIVISION, CHALAKKUDY, CHALAKKUDY.P.O., MUKUNDAPURAM
THALUK, THRISSUR DISTRICT, PIN-680307.
5 THE DEPUTY CHIEF ENGINEER
KERALA STATE ELECTRICITY BOARD, IRINJALAKKUDA P.O.,
MUKUNDAPURAM THALUK, THRISSUR DISTRICT, PIN-680121.
ADDL.6 THE SECRETARY
POYYA GRAMA PANCHAYAT, POYYA VILLAGE, KODUNGALLOOR
TALUK, THRISSUR DISTRICT, PIN -680 732. (IMPLEADED
VIDE ORDER IN I.A. NO. 12307 OF 2013 DATED 19-11-2013)
BY ADVS.SRI.C.A.CHACKO & SRI.P.K.SAJEEV
OTHER PRESENT:
GOVT. PLEADER JOSHY THANNICKAMATTOM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P. (C )No. 10573 of 2013 - V
MOHAMMED NIAS C.P.J.
..........................................
W.P. (C )No. 10573 of 2013 - V
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Dated this the 24th day of February, 2023
JUDGMENT
This Writ Petition is filed seeking the following reliefs:
i) Issue a writ, order or direction in the nature of
mandamus or other appropriate writ directing the
respondents to stop the fofice construction work in the
"Purampokku way".
ii) Issue a writ, order or direction in the nature of
Mandamus or other appropriate writ directing the
respondents to consider the proposal of offer of free land
for the construction of KSEB Office.
and
iii) Issue other order or direction which this Hon'ble
Court may deem fit and proper to grant in the
circumstances of the case.
2. With respect to the above prayers, the learned Standing
Counsel for the Board submits that they have never attempted any
construction in the "purampokku way". It is the further submission of
the learned Standing Counsel that going by Ext. R4 (c) report, the land
offered is not fit for construction, the details of which are explained in
W.P. (C )No. 10573 of 2013 - V
paragraph 6 of the counter affidavit filed by the 4 th and 5th respondents.
It is also submitted that the land offered by the Panchayath is suitable for
construction. The above submissions on behalf of the Board is recorded.
In the light of the above, no reliefs can be granted in this Writ
Petition. Accordingly, this Writ Petition is dismissed.
Sd/-Mohammed Nias. C.P., Judge.
Ani/
W.P. (C )No. 10573 of 2013 - V
APPENDIX OF WP(C) 10573/2013
PETITIONER EXHIBITS
EXHIBIT P1: COPY OF LETTER OF
APPRECIATION GIVEN BY THE EXECUTIVE
ENGINEER, ELECTRICAL SECTION, CHALAKKUDI
TO ONE MR.T.A.JOSEPH FOR GRANTING TEN
CENTS OF LAND IN FREE OF COST
EXHIBIT P2: COPY OF EXTRAORDINARY
GAZETTE PUBLISHED UNDER GO.O.(P)251/2011
DATED 20.10.2011
EXHIBIT P3: COPY OF SURVEY AND
SETTLEMENT REGISTER SHOWING THE NAME AND
NATURE OF LAND UNDER SURVEY NUMBER 123/2
EXHIBIT P4: COPY OF SKETCH SHOWING NTURE
AND LIE OF THE PROPERTY UNDER SURVEY
NUMBER 123/2
EXHIBIT P5: COPY OF LAND
RELINGUISHMENT/LAND SURENDER LETTER
DATED 19.2.2013
EXHIBIT P6: COPY OF THE PHOTOGRAPHS
SHOWING THE CONJUSTED VEHICULAR TRAFFIC
DUE TO DUMPING OF THE ELECTRIC POSTS AND
OTHER MATERIALS.
EXT.P7: TRUE COPY OF NEWS ITEM APPEARED
IN DESHAKAZHCHA DATED 30-03-2013 &
DEEPIKA DATED 28-3-2013
RESPONDENT EXTS:
EXT. R4 (A): TRUE COPY OF THE LETTER DATED 8-5-2006 OF
T.A. JOSEPH TO THE ASSISTANT ENGINEER, ELECTRICAL SECTION,
MALA
W.P. (C )No. 10573 of 2013 - V
EXT. R4 B: TRUE COPY OF ORDER NO. CE (DC) EIII/185/07-
08/9716 DATED 25-10-07 OF THE CHIEF ENGINEER
(DISTN.CENTRAL), ERNAKULAM
EXT. R4(C): TRUE COPY OF THE REPORT OF DETAILED SOIL
INVESTIGATION CONDUCTED BY LBS CENTRE HEADED BY PROF.
SYED HUSSIAN SHAH
EXT. R4 D: TRUE COPY OF THECOMMUNICATION DATED 14-5-
2008 OF THE MEMBER (DISTRIBUTION) TO THE CHIEF
ENGINEER (DISTRIBUTION - CENTRAL)
EXT. R4E: TRUE COPY OF THE BOARD ORDER NO. B.O. (FM)
NO. 1866/2009 (AEIV/DPC (LAND) 38/06/07 DATED 17-7-2009
EXT. R4 F: TRUE COPY OF THE SKETCH
EXT. R4G: TRUE COPY OF THE GOVERNMENT ORDER G.O. RT.
2671/LSGD, TVM. DATED 16-10-2009
EXT.R4H: TRUE COPY OF THE GAZETTE NOTIFICATION DATED
20-10-2011
EXT. R4(I): TRUE COPY OF THE COMMUNICATION DATED 11-
10-2012 OF THE 4TH RESPONDENT TO THE DISTRICT
COLLECTOR, THRISSUR ALONG WITH SKETCH
EXT. R4 K: TRUE COPY OF THE GOVERNMENT ORDER DATED 8-
11-2012
W.P. (C )No. 10573 of 2013 - V
EXT. R4 L: TRUE COPY OF THE PLAN OF PROPOSED SITE OF
ELECTRICAL SUB DIVISION OFFICE, KSEB, MALA
EXT. R4M: TRUE COPY OF PHOTOGRAPHS (2 NOS.) INDICATING
THE PROPOSED SITE
